Planning Bill

These amendments alter the way in which the Secretary of State may bring forward model provisions relating to development consent orders. The amendments would remove the requirement that any model provisions for incorporation in a draft order should be set out in regulations made by the Secretary of State. The procedure for bringing such model provisions forward would consequently be less formal than is currently provided for in the Bill. The noble Baroness, Lady Hamwee, helpfully set out her concerns. In order for us to consider this issue further, I shall set out the details behind our thinking on this and briefly explain the background. Model clauses are already used extensively by promoters through the similar power to issue model clauses by order in Section 8 of the Transport and Works Act 1992. Model clauses are helpful in ensuring that development consent orders follow high standards of legislative drafting. They provide consistency in drafting, which is undoubtedly of benefit to all. They often cover technical matters which frequently arise in relation to large infrastructure projects and developments. Clause 36(3)(d) gives the Secretary of State a power to prescribe certain documents and information that must accompany an application. It is intended that regulations under this power will be used to require that a draft of the consent order sought by the promoter should be one of the accompanying documents. Promoters will find it useful to have model provisions to follow when preparing such draft orders. Clause 37(2) requires the commission to have regard to model clauses when making an order for development consent, while subsection (3) makes it clear that Clause 37 does not amount to a requirement to use model clauses but simply makes them available for use where they are helpful. Amendment No. 182 would delete subsection (3), but if the intention is that, as a result, the IPC should be required to use model clauses, then I must disappoint the noble Baroness. Nothing in the Bill requires the IPC to use the model provisions, and we believe that that is right. That is not the purpose of model provisions, which are intended for guidance. Making the inclusion of model provisions a legal requirement would be unduly burdensome and contrary to the spirit of the Bill. Giving the Secretary of State a power to prescribe model provisions by order brings them within the general provisions relating to statutory instruments and allows for scrutiny by the Joint Committee on Statutory Instruments. That provides a further safeguard to ensure that model clauses are drafted to a high standard. The provisions are designed to be helpful to promoters. The similar power under Section 8 of the Transport and Works Act has worked well and been well received. I hope that that reassures the noble Baroness and that she will withdraw the amendment.